KULJIT KAUR Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) The petitioner seeks quashing of order dated 11.1.2013 (Annexure P/4) whereby her claim for appointment as Teaching Fellow against the vacant post of JBT/ETT in pursuance of her appointment order dated 25.11.2009/17.12.2009 (Annexure P/2) had been rejected during the pendency of the writ petition. By virtue of the amended writ petition, the said order is subject matter of challenge apart from the claim of Mandamus to permit her to join.

(2.) The pleaded case of the petitioner in the amended writ petition is that an advertisement was issued in August, 2007 for appointment of teaching fellows in the State of Punjab and 943 posts were advertised in the District Gurdaspur in 50% ratio of female and male categories. The petitioner having been eligible applied for the same and was at Sr. No. 8 of the merit list by virtue of having secured 65.193 marks which would be clear from the list Annexure P/1 wherein it was specifically mentioned that counselling has been done in the case of the petitioner. In pursuance of the said merit list, the appointment letter was issued to the petitioner on 25.11.2009/17.12.2009 (Annexure P/2). The said appointment letter was dispatched on 22.12.2009 and delivered on 26.12.2009 to the petitioner. As per terms of the appointment letter, the petitioner was to contact the District Education Officer, Gurdaspur within seven days alongwith original certificates so that posting order and place of posting could be allotted. Compliance of various conditions was to be done including the execution of agreement and producing medical fitness certificate issued by the Civil Surgeon, Gurdaspur, as per Clause 5. The affidavit was to be executed on non judicial stamp paper of Rs. 300/- as per Clauses 4 & 6. It is the case of the petitioner that she underwent the medical fitness test and medical fitness certificate(Annexure P/5) was issued by the Assistant Civil Surgeon, Gurdaspur on 28.12.2009. It is further the case of the petitioner that she purchased the stamp paper on the said date and placed on record the extract of the relevant register of the Stamp Vendor (Annexure P/6).

(3.) The categorical averment is that the petitioner along with medical fitness certificate and agreement executed in terms of the conditions mentioned in the appointment letter approached the District Education Officer, Elementary Education, Gurdaspur on 28.12.2009. The original agreement executed and attested was retained in the office of respondent No. 3 along with photo copy of medical certificate. The original medical certificate was returned as was done in the case of other similarly situated persons who were selected and appointed as ETT teaching fellows. On account of the petitioner not being given joining station, she had made repeated representations but later on she came to know in December, 2010 that persons mentioned at Sr. No. 9 to 13 of the merit list and below her have been allowed to join their duties. Accordingly, she made representation on 27.12.2010 (Annexure P/3). However, no action was taken by the respondents and according to her knowledge there were 5 to 6 vacancies available in District Gurdaspur. The persons so appointed had also been offered regular appointments on completion of three years of service in view of the decision taken by the Cabinet.